Roadrunner Transportation Services, Inc v. John Tarwater

The opinion of the court was delivered by: Marc L. Goldman United States Magistrate Judge

STIPULATED PROTECTIVE ORDER

Upon stipulation of counsel for the Parties, and it appearing to the Court that a Protective Order under Rule 26(c) of the Federal Rules of Civil Procedure is necessary and appropriate and will facilitate discovery,

IT IS HEREBY ORDERED THAT:

1. Any Party producing material or information in this matter ("Producing Party") may designate such material or information as "Confidential" or "Attorney's Eyes Only" in which case such material or information shall be treated in accordance with the terms of this Protective Order.

2. The term "Confidential" may be applied only to material or information not known to the general public that is produced in this litigation by a Producing Party to any other Party ("Receiving Party"), that is: (a) financial information such as margins, revenues, costs, etc.; (b) pricing plans and strategies; (c) information related to customers or prospective customers, including customer lists and reports and documents that reveal a customer's identity, (d) third-party agreements and the terms thereof; (e) research and development information; (f) business plans and methods; (g) personnel information regarding employees and prospective employees; and (h) information that the Producing Party is obligated to treat as confidential by law or contract.

3. The term "Attorney's Eyes Only" may be applied only to: (a) mathematical algorithms, including software code; (b) passwords; (c) pending or abandoned patent applications; (d) information regarding future products and past and future business strategies; (e) trade secrets, including but not limited to product formulations and manufacturing processes; (f) any Confidential Information that is particularly sensitive commercial or proprietary information within meaning of Federal Rule of Civil Procedure 26(c)(1) and which the Producing Party reasonably believes cannot be produced between competitors, even with the label "Confidential Information"; and (g) information that must be limited to the eyes of attorneys only, as a result of law or third party contract.

4. Any document or portion thereof that a Producing Party believes to contain Confidential or Attorney's Eyes Only information shall be so designated by stamping or otherwise applying on each page containing Confidential or Attorney's Eyes Only information the designation "Confidential" or "Attorney's Eyes Only," or by identifying the information as "Confidential" or "Attorney's Eyes Only" when producing documents electronically, in which case such designated document and the information contained therein shall be treated in accordance with the terms of this Protective Order. This Protective Order does not confer blanket protections on all disclosures or responses to discovery and the protection it affords extends only to the specific information or items that are entitled to protection under the applicable legal principles for treatment as confidential. By designating material as Confidential Information, counsel producing such material is certifying to the Court that the material is entitled to confidentiality protection under Fed. R. Civ. P. 26 and the terms of this Protective Order. If any Party wishes to remove the Attorney's Eyes Only designation, counsel shall meet and confer in good faith regarding same. If counsel are unable to agree, they shall refer the matter to the Court for resolution.

5. All Confidential or Attorney's Eyes Only information not reduced to documentary, tangible, or physical form or which cannot be conveniently designated pursuant to Paragraph 4 shall be designated by the Producing Party by informing all Receiving Parties in writing.

6. All Qualified Persons shall have access to Confidential Information as set forth herein. "Qualified Person," as used herein, is limited to the following categories of persons:

a. any attorney appearing of record or of counsel in this case, other than in-house counsel, together with other attorneys at the firm(s) of counsel of record, and their employees including paralegal, secretarial, photocopying, document imaging, data entry, data processing, drafting, graphics, stenographic reporting, or clerical personnel;

b. subject to the conditions set forth in paragraphs 10 and 11, any independent technical or financial expert, independent consultant, or independent testing personnel and their employees serving any attorneys identified in Paragraph 6(a) for the purposes of this case, who shall first have executed the UNDERTAKING annexed hereto as Exhibit A;

d. any court reporter or videographer employed or retained by a party for the purposes of transcribing and/or recording a deposition or inspection of premises;

e. the Court and its personnel; f. any person indicated on the face of a document as having written or received such document during the course of his or her employment or consultancy; and, at trial or deposition, any current or former employee of the Producing Party ("Witness"), provided that the Producing Party's document was written or received prior to or during the Witness's period of employment;

g. non-technical jury or trial consulting services retained by outside counsel, who shall first have executed the UNDERTAKING ...

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